M/s. Fashion World vs Banshidhar Multi Builders Pvt. Ltd.

Court

Supreme Court of India

Date

17 October 2022

Case No.

Civil Appeal No. 7325 of 2022

Result

Allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2022] 14 S.C.R. 993 : 2022 INSC 1099

Headnote

M.P. Accommodation Control Act, 1961 – s.13(6) – Landlord filed application u/s.13(6) to strike off the defence of the appellanttenant, allowed by Trial Court – Order confirmed by High Court – On appeal, held: Pursuant to order passed by Supreme Court, the appellant has deposited the balance amount of GST – As the defence was struck off on non-deposit/payment of the balance amount of GST, which is now deposited, the order passed by the High Court and Trial Court striking off the defence of the appellant are set aside – Appellant permitted to defend the eviction suit/suit – Further, to strike the balance, appellant to pay the rent as directed.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Madhya Pradesh at Indore in Misc. Petition No. 1509 of 2018 by which the High Court has dismissed the said miscellaneous petition preferred by the appellant and has confirmed the order passed by the learned Trial Court striking off the defence of the appellant – original defendant allowing the application submitted by the original plaintiff – landlord submitted under Section 13(6) of the M.P. Accommodation Control Act, 1961 (hereinaf

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